Officials Criticize Off-Duty Constable Who Shot Alleged Shoplifter

Suspect Wounded In Arm, Lip

The constable who shot a suspected shoplifter at a Walmart is being described as a loose cannon and for years Metro Council has tried to rein him in.

On Wednesday, Third District Constable David Whitlock fired upon the woman in the parking lot of a southwest Jefferson County Walmart.

A source identified the woman as Tammy Ortiz.

Louisville police said Ortiz ran over Whitlock's foot, and that's when he fired his gun.

Ortiz was shot in the arm. The bullet also hit her in the lip.

"We have, over the years, a couple of different times, tried to rein in the constables," said Metro Councilman Rick Blackwell.

Blackwell represents residents who patronize the Walmart where the shooting occurred.

According to records obtained by WLKY, Whitlock has made shoplifting cases at the store -- 15 of them so far this year.

Whitlock has also patrolled the Walmart at Bashford Manor Mall, writing six citations for parking in fire lanes there. He has also made 18 arrests or citations at or near a Denny's restaurant on Eastern Parkway, 13 of those for alcohol-related offenses.

In all, Whitlock has made 48 arrests or citations in 2011.

A decade ago, Whitlock found himself on the wrong side of the law, entering an Alford plea to theft charges.

"There are other witnesses in this case that I'm sure police are investigating or attempting to investigate who can clear me of these charges," he told WLKY in February 2001.

Whitlock, who is in his second term as constable, has an office at a shopping center off Dixie Highway. The Kentucky Constable's Association, of which he is a director, is located a few doors away.

He's also got a website on which he states he's made gun safety a priority when it comes to children.

Blackwell and others have encouraged Whitlock to let trained officers handle law enforcement.

"If the constable is going to work in the capacity of a police officer, he really needs to be trained as a police officer, and that certainly is not the case right now," Blackwell said.

On Thursday, WLKY spoke with a woman who was cited for shoplifting by Whitlock in June at the same Walmart where Wednesday's shooting took place.

"Whitlock grabbed me by my arm as I was walking out the door. He did not say a word. He grabbed me," McWerther said.

She said she thought Whitlock was a security guard at the time.

"He was in regular clothes. I had no clue who this man was that grabbed my arms," McWerther said. "He was rude -- severely rude. I had another word I could say for it but evidently I can't."

"It didn't surprise me -- not one bit," she said after she saw what happened on Wednesday. "If someone is shoplifting, especially if you're off-duty, why would you fire your weapon at someone?"

McWerther insisted she did not shoplift, that she was just with someone else who was, and said her charges are going to be dismissed in January.